Medical Malpractice Lawyers

It is important that your lawyer know the complicated Texas medical malpractice law so that he or she can properly advocate for your case.

Statute of limitations
There is a two year statute of limitations on medical negligence claims and the “discovery rule” is limited. It is important that you speak with a lawyer as soon as possible to evaluate your potential medical malpractice clam.

Expert reports
Within 120 days after filing a health care liability claim a plaintiff must serve on each party one or more expert reports, with curriculum vitae, of each expert listed in the report for each physician against whom a liability claim is asserted.

To qualify as an expert witness the expert must be a physician who:

1. Is practicing medicine at the time such testimony is given or was practicing medicine at the time the claim arose;
2. Has knowledge of accepted standards of medical care for the diagnosis, care, or treatment of the illness, injury, or condition involved in the claim; and
3. Is qualified on the basis of training or experience to offer an expert opinion regarding those accepted standard of medical care.

Notice
Any person asserting a health care liability claim is required to give written notice of such a claim by certified mail, return receipt requested, to each physician or health care provider against whom the claim is made at least 60 days before the filing of a suit. The notice must be accompanied by the authorization form for release of protected health information.

Damage Caps
Texas caps “non-economic” damages in medical malpractice cases. Non-economic damages include compensation for pain and suffering, loss of enjoyment of life, anxiety and stress, and similar more subjective losses caused by the defendant’s malpractice. Economic damages, which cover financial losses like medical bills and lost wages, are not capped.